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Case TitleSMARTFLASH, LLC v. U.S. PATENT AND TRADEMARK OFFICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03237
Date Filed2023-10-30
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffSMARTFLASH, LLC
Case DescriptionSmartflash LLC submitted two FOIA requests to U.S. Patent and Trademark Office for records concerning a series of specific emails that related to the award of patents to Apple. The agency acknowledged receipt of the requests. The agency provided responsive records with redactions. Smartflash filed an administrative appeal. After hearing nothing further from the agency, Smartflash filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. PATENT AND TRADEMARK OFFICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-301COMPLAINT against U.S. PATENT AND TRADEMARK OFFICE ( Filing fee $ 402 receipt number ADCDC-10456192) filed by SMARTFLASH, LLC. (Attachments: # 1 Exhibit Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit Summons, # 17 Exhibit Summons, # 18 Exhibit Summons)(Pandit, Siddhesh) (Attachment 1 replaced on 10/30/2023) (zljn). (Entered: 10/30/2023)
2023-10-302NOTICE OF RELATED CASE by SMARTFLASH, LLC. Case related to Case No. 22-01123. (Pandit, Siddhesh) (Main Document 2 replaced on 10/30/2023) (zljn). (Entered: 10/30/2023)
2023-10-303LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SMARTFLASH, LLC (Pandit, Siddhesh) (Main Document 3 replaced on 10/30/2023) (zljn). (Entered: 10/30/2023)
2023-10-304MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael R. Casey, Filing fee $ 100, receipt number ADCDC-10456324. Fee Status: Fee Paid. by SMARTFLASH, LLC. (Attachments: # 1 Declaration In Support Of Motion for Admission, Pro Hac Vice)(Pandit, Siddhesh) (Entered: 10/30/2023)
2023-10-30NOTICE OF ERROR re 1 Complaint; emailed to svp@maierandmaier.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zljn, ) (Entered: 10/30/2023)
2023-10-305ERRATA Regarding Complaint by SMARTFLASH, LLC. (Attachments: # 1 Exhibit 1)(Pandit, Siddhesh) (Entered: 10/30/2023)
2023-10-30Case Assigned to Judge Beryl A. Howell. (zljn) (Entered: 10/30/2023)
2023-10-306SUMMONS (3) Issued Electronically as to U.S. PATENT AND TRADEMARK OFFICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 10/30/2023)
2023-10-30NOTICE OF ERROR regarding 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael R. Casey, Filing fee $ 100, receipt number ADCDC-10456324. Fee Status: Fee Paid.. The following error(s) need correction: Pro Hac Vice motion must be accompanied by a Certificate of Good Standing issued within the last 30 days (LCvR 83.2(c)(2)). Please file certificate as an Errata (mg) (Entered: 11/01/2023)
2023-10-317STANDING ORDER. Signed by Judge Beryl A. Howell on October 31, 2023. (lcbah4) (Entered: 10/31/2023)
2023-11-038ERRATA Regarding Motion for Pro Hac Vice 4 by SMARTFLASH, LLC. (Attachments: # 1 Exhibit 1)(Pandit, Siddhesh) Modified on 11/6/2023 to add link (mg). (Entered: 11/03/2023)
2023-11-28MINUTE ORDER (paperless) GRANTING 4 Motion for Leave to Appear Pro Hac Vice . Michael R. Casey may enter an appearance pro hac vice for the purpose of representing plaintiff Smartflash, LLC in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Beryl A. Howell on November 28, 2023. (lcbah4) (Entered: 11/28/2023)
2023-11-309NOTICE of Appearance by Patricia K. McBride on behalf of U.S. PATENT AND TRADEMARK OFFICE (McBride, Patricia) (Entered: 11/30/2023)
2023-12-0110NOTICE of Appearance by Michael Raymond Casey on behalf of SMARTFLASH, LLC (Casey, Michael) (Entered: 12/01/2023)
2023-12-0111RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. PATENT AND TRADEMARK OFFICE served on 11/9/2023 (Casey, Michael) Modified docket text on 12/6/2023 (mg). (Entered: 12/01/2023)
2023-12-0112RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/09/2023. (Casey, Michael) (Entered: 12/01/2023)
2023-12-0113RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/8/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/8/2023. (Casey, Michael) (Entered: 12/01/2023)
2023-12-0614MOTION for Extension of Time to File Answer by U.S. PATENT AND TRADEMARK OFFICE. (McBride, Patricia) (Entered: 12/06/2023)
2023-12-0615ERRATA CORRECTING MTE by U.S. PATENT AND TRADEMARK OFFICE re 14 Motion for Extension of Time to File Answer. (McBride, Patricia) (Entered: 12/06/2023)
2023-12-07MINUTE ORDER (paperless) GRANTING defendant U.S. Patent & Trademark Office's 14 Motion for Extension of Time to Respond, and DIRECTING defendant U.S. Patent & Trademark Office to answer or otherwise respond to plaintiff's 1 Complaint by January 12, 2024. Signed by Judge Beryl A. Howell on December 7, 2023. (lcbah4) (Entered: 12/07/2023)
2023-12-08Set/Reset Deadlines: U.S. Patent & Trademark Office To Answer Or Otherwise Response To Plaintiff's 1 Complaint due by 1/12/2024. (mac) (Entered: 12/08/2023)
2024-01-1116ANSWER to Complaint by U.S. PATENT AND TRADEMARK OFFICE.(McBride, Patricia) (Entered: 01/11/2024)
2024-01-2517ENTERED IN ERROR.....Joint STATUS REPORT by U.S. PATENT AND TRADEMARK OFFICE. (McBride, Patricia) Modified on 1/26/2024 (mg). (Entered: 01/25/2024)
2024-01-26NOTICE OF ERROR regarding 17 Status Report. The following error(s) need correction: Document incomplete/illegible. Please refile with attorney's signature. (mg) (Entered: 01/26/2024)
2024-01-2618Joint STATUS REPORT by U.S. PATENT AND TRADEMARK OFFICE. (McBride, Patricia) (Entered: 01/26/2024)
2024-01-30MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 18 Joint Status Report, the following SCHEDULING ORDER: (1) By March 29, 2024, defendant shall file any motion for summary judgment; (2) By April 26, 2024, plaintiff shall file any opposition and cross-motion for summary judgment; (3) By May 17, 2024, defendant shall file any reply and opposition to plaintiffs cross-motion; and (4) By June 7, 2024, plaintiff shall file any reply in support of the cross-motion. Signed by Judge Beryl A. Howell on January 30, 2024. (lcbah4) (Entered: 01/30/2024)
2024-01-31Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 3/29/2024. Plaintiff Opposition And Cross Motion For Summary Judgment due by 4/26/2024. Defendant Reply And Opposition To Plaintiffs Cross Motion due by 5/17/2024. Plaintiff's Reply In Support Of The Cross Motion due by 6/7/2024. (mac) (Entered: 01/31/2024)
2024-03-2619MOTION for Extension of Time to File by U.S. PATENT AND TRADEMARK OFFICE. (McBride, Patricia) (Entered: 03/26/2024)
2024-03-2720RESPONSE re 19 MOTION for Extension of Time to File (Noting Non-Opposition) filed by SMARTFLASH, LLC. (Casey, Michael) (Entered: 03/27/2024)
2024-03-2821ERRATA CORRECTING DATE AND POSITION OF PLAINTIFF by U.S. PATENT AND TRADEMARK OFFICE re 19 Motion for Extension of Time to File. (McBride, Patricia) (Entered: 03/28/2024)
2024-03-28MINUTE ORDER (paperless) GRANTING defendant's 21 Unopposed Motion for Extension of Time, and MODIFYING the SCHEDULING ORDER issued on January 30, 2024, as follows: (1) By April 19, 2024, defendant shall file any motion for summary judgment; (2) By May 20, 2024, plaintiff shall file any opposition and cross-motion for summary judgment; (3) By June 7, 2024, defendant shall file any reply and opposition to plaintiffs cross-motion; and (4) By July 8, 2024, plaintiff shall file any reply in support of the cross-motion. Signed by Judge Beryl A. Howell on March 28, 2024. (lcbah4) (Entered: 03/28/2024)
2024-03-29Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 4/19/2024. Plaintiff Opposition And Cross Motion For Summary Judgment due by 5/20/2024. Defendant Reply And Opposition To Plaintiff's Cross-Motion due by 6/7/2024. Plaintiff Reply In Support Of The Cross Motion due by 7/8/2024. (mac) (Entered: 03/29/2024)
2024-04-1622MOTION for Extension of Time to File by U.S. PATENT AND TRADEMARK OFFICE. (McBride, Patricia) (Entered: 04/16/2024)
2024-04-1723ERRATA CORRECTION TO CONSENT MTE by U.S. PATENT AND TRADEMARK OFFICE re 22 Motion for Extension of Time to File. (McBride, Patricia) (Entered: 04/17/2024)
2024-04-18MINUTE ORDER (paperless) GRANTING defendant's unopposed 22 23 Motion for Extension of Time, and MODIFYING the SCHEDULING ORDER issued on January 30, 2024, as amended on March 28, 2024, as follows: (1) By May 3, 2024, defendant shall file any motion for summary judgment; (2) By June 3, 2024, plaintiff shall file any opposition and cross-motion for summary judgment; (3) By June 24, 2024, defendant shall file any reply and opposition to plaintiff's cross-motion; and (4) By July 25, 2024, plaintiff shall file any reply in support of the cross-motion. Signed by Judge Beryl A. Howell on April 18, 2024. (lcbah4) (Entered: 04/18/2024)
2024-04-22Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 5/3/2024. Plaintiff Opposition And Cross-Motion For Summary Judgment due by 6/3/2024. Defendant Reply And Opposition To Plaintiff's Cross-Motion due by 6/24/2024. Plaintiff Reply In Support Of The Cross-Motion due by 7/25/2024. (mac) (Entered: 04/22/2024)
2024-05-0324MOTION for Summary Judgment by U.S. PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Declaration, # 2 Declaration Vaughn Index, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 6)(McBride, Patricia) (Entered: 05/03/2024)
2024-05-0325LARGE ADDITIONAL ATTACHMENT(S) by U.S. PATENT AND TRADEMARK OFFICE 24 MOTION for Summary Judgment filed by U.S. PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14, # 8 Exhibit 15)(McBride, Patricia) (Entered: 05/03/2024)
2024-05-0826NOTICE OF FILING EXHIBITS by U.S. PATENT AND TRADEMARK OFFICE re 24 Motion for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 10)(McBride, Patricia) (Entered: 05/08/2024)
2024-06-0327Cross MOTION for Summary Judgment by SMARTFLASH, LLC. (Attachments: # 1 Memorandum in Support of Opposition and Cross-Motion, # 2 Declaration of Michael R. Casey, # 3 Response to Defendant's Statement of Facts, # 4 Statement of Facts, # 5 Text of Proposed Order)(Casey, Michael) (Entered: 06/03/2024)
2024-06-0328Memorandum in opposition to re 24 Motion for Summary Judgment filed by SMARTFLASH, LLC. (Casey, Michael) (Entered: 06/03/2024)
2024-06-2029Consent MOTION for Extension of Time to File Response/Reply by U.S. PATENT AND TRADEMARK OFFICE. (McBride, Patricia) (Entered: 06/20/2024)
2024-06-21MINUTE ORDER (paperless) GRANTING defendant's 29 Consent Motion for Extension of Time, and MODIFYING the SCHEDULING ORDER issued on January 30, 2024, as amended on March 28, 2024, and April 18, 2024, as follows: (1) By July 8, 2024, defendant shall file any reply and opposition to plaintiff's cross-motion; and (2) By August 22, 2024, plaintiff shall file any reply in support of the cross-motion. Signed by Judge Beryl A. Howell on June 21, 2024. (lcbah4) (Entered: 06/21/2024)
2024-06-24Set/Reset Deadlines: Defendant Reply And Opposition To Plaintiff's Cross-Motion due by 7/8/2024. Plaintiff Reply In Support Of The Cross-Motion due by 8/22/2024. (mac) (Entered: 06/24/2024)
2024-07-0830Memorandum in opposition to re 27 Cross MOTION for Summary Judgment filed by U.S. PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Declaration Supplemental Declaration, # 2 Exhibit Exhibit to Declaration)(McBride, Patricia) Modified event on 7/9/2024 (mg). (Entered: 07/08/2024)
2024-07-0831REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by U.S. PATENT AND TRADEMARK OFFICE. (See docket entry 30 to view document). (mg) (Entered: 07/09/2024)
2024-08-2232REPLY to opposition to motion re 27 Cross MOTION for Summary Judgment filed by SMARTFLASH, LLC. (Casey, Michael) (Entered: 08/22/2024)
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by FOIA Project Staff
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